Hi All,
I'm a new member here and I thought I'd post my current story to see if I can get some of this off my chest to strangers and also to see if anyone had any advice they can offer.
I separated from my wife around 4 months ago. I initiated it and I won't go into too much detail about the marriage suffice to say that we were married 7 years, we won't be getting back together and it wasn't due to anything "bad" - ie. no violence, neither of us was cheating, etc. She went overseas for 5 weeks with our daughter and when she came back I realised that I didn't miss her and didn't love her anymore.
We have an 18 month old daughter (Alicia) who means everything to me and she currently lives with her mum. We have a bit of stuff, not a lot, but I collect a lot of crap ("hobby" crap) and it's all stored in the house. She lives in Melbourne but I've moved down to Hobart temporarily and will be here for probably another 3 months.
ok, the best bits. She currently lives in the house and refuses to leave. She also refuses to pay anything towards the mortgage and up until recently I have still been paying all the bills (power, water, gas, elec, foxtel, internet, telephone & her car payment).
I fly back to Melbourne every weekend to see my daughter. She has allowed me to see her for around 4 hours per day (sat/sun) but insisted that it was supervised (by her) at the house. I have also been paying the maximum amount of child support (just under $1,500/mo) because she will not let me have our daughter overnight so has told CSA that she has 100% of the nights per year.
There has been no history of violence from me, but I do tend to yell when I get angry. She has punched me in the head before (while I was holding the baby), but I didn't go to the police or anything like that because I would have felt stupid. She is playing the 'I fear for my safety' card anyway and continually threatens to take out an AVO (but knows she currently has no grounds). I can tell she is always making little comments to get me angry but I've always kept my cool.
So anyway, last weekend I was allowed to take my daughter out of the house (after assuring her that my car is safe - I hired a car with an approved car seat as my other car in Melbourne is a ute and she refuses to let me take her in a ute). When I returned her, I was sent a txt asking to return her to the neighbours place, which I did. I then went next door to my house and tried to get in (I had something in the house I needed) and realised she has changed the locks!
I sent her a text asking her to come out and open the door, but she refused and then called the police. They couldn't do anything of course, it's my house after all. They persuaded her to open the door, I went in and got my stuff and then left.
I have been sent 3 letters through her lawyer (to mine) in the last week demanding the following:
- 72 hours notice minimum of when I want to see Alicia
- 4 contact hours per week, (or 8 per fortnight) no overnights
- Request 72 hours in advance to go to the house
- If I want to remove any items, they need to be requested through her solicitor
- Any communication must go through her solicitor (to "improve" communication apparently!)
Ultimately, I want 50% custody of my daughter, but she is fighting me every step of the way and making ridiculous demands. She holds all the cards because she has the house (and won't leave) and my daughter.
She gives lip service to look like she is cooperating but then tries to block every attempt I make to see my daughter - 4 hours per week, especially when I'm flying to Melbourne specifically to see her, is completely unfair. But to HER, it's fair - she keeps saying "We have to do what is best for Alicia" - the problem is she thinks that whatever she says is best for the baby because "mother knows best". She sill breastfeeds our daughter and in my opinion does so to maintain control over contact. She uses breastfeeding as an excuse as to why I can't have Alicia overnight.
Oh, one final thing. We went to mediation and she made no compromise and after the first session rang up and canceled the second session because she thought the mediator sided with me and was biased against her.
The only thing I can come up with is to get to court as fast as I can, but my lawyer said this morning that could take up to 6 months. So does anyone have any ideas?
Thanks for reading.

